God Bless our #GoodPolice but the #BadCops Have 2 Go!

SNOHOMISH COUNTY SHERIFF LIED TO ME: Nowhere has the Legislature indicated that the sheriff's powers and duties are limited to the unincorporated areas of the county. Nor is there any statutory language from which such a limitation might be inferred.
We note, in addition, that the sheriff at common law was the chief law enforcement officer of the county, and that the office of sheriff retains its common law powers and duties unless modified by the constitution or statutes.
Sheriffs, Police, and Constables § 2 (1987); seeState ex rel. Johnston v. Melton, 192 Wash. 379, 388-89, 73 P.2d 1334 (1937); AGO 51-53 No. 322 at 2. We thus conclude that the sheriff has a general duty to enforce state law in both unincorporated and incorporated areas of the county.
"the jurisdiction of the sheriff in law enforcement matters normally extends throughout his county including the incorporated areas thereof."
[The sheriff's] authority is county wide. He is not restricted by municipal limits. For better protection and for the enforcement of local ordinance[s] the [[Orig. Op. Page 4]] cities and towns have their police departments or their town marshals. Even the state has its highway patrol.
Still the authority of the sheriff with his correlative duty remains.

1 AN ACT Relating to the removal and discharge of peace officers;2 amending RCW 41.12.080, 41.14.110, and 43.43.070; and adding a new3 section to chapter 43.101 RCW.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

5 Sec. 1. RCW 41.12.080 and 2007 c 218 s 13 are each amended to read

6 as follows:

7 (1) The tenure of everyone holding an office, place, position or

8 employment under the provisions of this chapter shall be only during

9 good behavior, and except as provided in subsection (2) of this

10 section, any such person may be removed or discharged, suspended

11 without pay, demoted, or reduced in rank, or deprived of vacation

12 privileges or other special privileges for any of the following

13 reasons:

14 (((1))) (a) Incompetency, inefficiency or inattention to or

15 dereliction of duty;

16 (((2))) (b) Dishonesty, intemperance, immoral conduct,

17 insubordination, discourteous treatment of the public, or a fellow

18 employee, or any other act of omission or commission tending to injure

19 the public service; or any other willful failure on the part of the

p. 1 HB 1825

1 employee to properly conduct himself or herself; or any willful

2 violation of the provisions of this chapter or the rules and regulation

3 to be adopted hereunder;

4 (((3))) (c) Mental or physical unfitness for the position which the

5 employee holds;

6 (((4))) (d) Dishonest, disgraceful, immoral or prejudicial conduct;

7 (((5))) (e) Drunkenness or use of intoxicating liquors, narcotics,

8 or any other habit forming drug, liquid or preparation to such extent

9 that the use thereof interferes with the efficiency or mental or

10 physical fitness of the employee, or which precludes the employee from

11 properly performing the function and duties of any position under civil

12 service;

13 (((6))) (f) Conviction of a felony, or a misdemeanor, involving

14 moral turpitude;

15 (((7))) (g) Any other act or failure to act which in the judgment

16 of the civil service commissioners is sufficient to show the offender

17 to be an unsuitable and unfit person to be employed in the public

18 service.

19 (2) If an employer removes or discharges a person who holds an

20 office, place, position, or employment under this chapter for

21 committing an illegal act or an act of dishonesty or untruthfulness,

22 and an arbitrator finds that the employer established that the person

23 engaged in the act or acts by clear and convincing evidence, the

24 employer is deemed to have had just cause for the removal or discharge,

25 and the arbitrator may not overturn the removal or discharge.

26 (3) For purposes of this section, "illegal act" and an "act of

27 dishonesty or untruthfulness" mean the same as defined in section 4 of

28 this act.

29 Sec. 2. RCW 41.14.110 and 2012 c 117 s 14 are each amended to read

30 as follows:

31 (1) The tenure of every person holding an office, place, position,

32 or employment under the provisions of this chapter shall be only during

33 good behavior, and except as provided in subsection (2) of this

34 section, any such person may be removed or discharged, suspended

35 without pay, demoted, or reduced in rank, or deprived of vacation

36 privileges or other special privileges for any of the following

37 reasons:

HB 1825 p. 2

1 (((1))) (a) Incompetency, inefficiency, or inattention to, or

2 dereliction of duty;

3 (((2))) (b) Dishonesty, intemperance, immoral conduct,

4 insubordination, discourteous treatment of the public, or a fellow

5 employee, or any other act of omission or commission tending to injure

6 the public service; or any other willful failure on the part of the

7 employee to properly conduct himself or herself; or any willful

8 violation of the provisions of this chapter or the rules and

9 regulations to be adopted hereunder;

10 (((3))) (c) Mental or physical unfitness for the position which the

11 employee holds;

12 (((4))) (d) Dishonest, disgraceful, or prejudicial conduct;

13 (((5))) (e) Drunkenness or use of intoxicating liquors, narcotics,

14 or any other habit forming drug, liquid, or preparation to such extent

15 that the use thereof interferes with the efficiency or mental or

16 physical fitness of the employee, or which precludes the employee from

17 properly performing the function and duties of any position under civil

18 service;

19 (((6))) (f) Conviction of a felony, or a misdemeanor involving

20 moral turpitude;

21 (((7))) (g) Any other act or failure to act which in the judgment

22 of the civil service commission is sufficient to show the offender to

23 be an unsuitable and unfit person to be employed in the public service.

24 (2) If an employer removes or discharges a person who holds an

25 office, place, position, or employment under this chapter for

26 committing an illegal act or an act of dishonesty or untruthfulness,

27 and an arbitrator finds that the employer established that the person

28 engaged in the act or acts by clear and convincing evidence, the

29 employer is deemed to have had just cause for the removal or discharge,

30 and the arbitrator may not overturn the removal or discharge.

31 (3) For purposes of this section, "illegal act" and an "act of

32 dishonesty or untruthfulness" mean the same as defined in section 4 of

33 this act.

34 Sec. 3. RCW 43.43.070 and 1984 c 141 s 2 are each amended to read

35 as follows:

36 (1) Discharge of any officer with probationary status and

37 discharge, demotion, or suspension of any officer with nonprobationary

p. 3 HB 1825

1 status shall be only for cause, which shall be clearly stated in a

2 written complaint, sworn to by the person preferring the charges, and

3 served upon the officer complained of.

4 (2) Femoval or discharge of any officer for committing an illegal

5 act or an act of dishonesty or untruthfulness established by clear and

6 convincing evidence shall be deemed to satisfy the reasonableness and

7 lawfulness standard set forth in RCW 43.43.100.

8 (3) Upon being ((so)) served with a written complaint, any such

9 officer shall be entitled to a public hearing before a trial board

10 consisting of two Washington state patrol officers of the rank of

11 captain, and one officer of equal rank with the officer complained of,

12 who shall be selected by the chief of the Washington state patrol by

13 lot from the roster of the patrol. In the case of complaint by an

14 officer, such officer shall not be a member of the trial board.

15 (4) For purposes of this section, "illegal act" and an "act of

16 dishonesty or untruthfulness" mean the same as defined in section 4 of

17 this act.

18 NEW SECTION. Sec. 4. A new section is added to chapter 43.101 RCW

19 to read as follows:

20 (1) If an employer removes or discharges a person who holds an

21 office, place, position, or employment under this chapter for

22 committing an illegal act or an act of dishonesty or untruthfulness,

23 and an arbitrator finds that the employer established that the person

24 engaged in the act or acts by clear and convincing evidence, the

25 employer is deemed to have had just cause for the removal or discharge,

26 and the arbitrator may not overturn the removal or discharge.

27 (2) For purposes of this section, the following terms have the

28 following meanings:

29 (a) "Illegal act" means the commission of a crime involving moral

30 turpitude in the discharge of the person's official duties, including

31 but not limited to: A violent offense, as defined in RCW 9.94A.030; a

WA STATE MUST HAVE: THE WA-STATE-DEPARTMENT-OF-POLICE-ACCOUNTABILITY

In WA State like so many others....NO OUTSIDE AGENCY HAS THE JURISDICTION TO DO ANY INVESTIGATION OF ANY CLAIMS OF ANY MISCONDUCTS MADE BY ANY CITIZEN WITHOUT --- PERMISSION--- From the Police Department itself... That is like the Family being the ONLY ONES WITH ANY AUTHORITY to Investigate Charles Manson! We all know how that would have turned out! I intend to change this in WA State or Die Fighting to!

Miss Bren's Law-

Never Give Up... Never Back Down!

NO OUTSIDE AGENCY IN WA STATE HAS THE JURISDICTION TO DO ANY INVESTIGATION OF ANY CLAIMS OF ANY MISCONDUCTS MADE BY ANY CITIZEN WITHOUT --- PERMISSION--- From the Police Department itself... That is like the Family being the ONLY ONES WITH ANY AUTHORITY to Investigate Charles Manson! We all know how that would have turned out! -

We Need New Laws 2 Protect our little Girls from Abuse B4 they Become Abused Women!

NOTE- I DO NOT APPROVE OF ANY ADS ON MY BLOG THAT ARE OF ANY SEXUAL NATURE OR DISRESPECT, DISCRIMINATION, ABUSE OF HUMANS OR ANIMALS- I'VE DONE MY BEST TO BLOCK ANY OF THIS NATURE & AM OFFENDED BY THIS TYPE OF MARKETING MYSELF & HAVE DONE MY BEST TO BLOCK THESE. MY APOLOGIES